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Kelly v Pyres [2018] EWCA Civ 1368

Sep 29, 2018, 23:30 PM
Jurisdiction – Divorce – Domicile – Whether the wife was domiciled in England for the purposes of s 5(2) Domicile and Matrimonial Proceedings Act 1973
The Court of Appeal found that the wife had provided no evidence to demonstrate an intention to reside permanently or indefinitely in England during her periods of residence in the country.
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Date : Jun 20, 2018, 05:18 AM
Article ID : 117224

(Court of Appeal, King Newey and MacDonald LJJ, 14 June 2018)

Jurisdiction – Divorce – Domicile – Whether the wife was domiciled in England for the purposes of s 5(2) Domicile and Matrimonial Proceedings Act 1973

The Court of Appeal found that the wife had provided no evidence to demonstrate an intention to reside permanently or indefinitely in England during her periods of residence in the country.



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Case No: B6/2017/0866

Neutral Citation Number: [2018] EWCA Civ 1368
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
(Family Division)
Mr Justice Cobb
[2017] EWHC 449 (Fam)

Royal Courts of Justice
Strand, London, WC2A 2LL


Date: 14/06/2018

Before:


LADY JUSTICE KING
LORD JUSTICE NEWEY
and
MR JUSTICE MACDONALD


- - - - - - - - - - - - - - - - - - - - -


Between:


Una Mary Kelly
Respondent


- and -


John Norman Pyres
Appellant


- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -


Timothy Scott QC and William Tyzack (instructed by Stewarts Law LLP) for the Appellant
Charles Hale QC and Jonathan Rustin (instructed by Anthony Gold) for the Respondent


Hearing dates: 21 March 2018


- - - - - - - - - - - - - - - - - - - - -


Judgment

Judgment: 
Kelly v Pyres [2018] EWCA Civ 1368.rtf
Categories :
  • Judgments
  • Jurisdiction
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Product Bucket : Family
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